Evidence Commons^™

Evidence--Competency To Husband And Wife To Testify To Nonaccess During Time Of Conception, Lewis Charles Pellegrin

West Virginia Law Review

No abstract provided.

Antitrust-Clayton Act-Admissibilty Of Criminal Conviction Entered On A Plea Of Guilty As Prima Facie Evidence In Civil Suit For Treble Damage, Arthur M. Sherwood

Michigan Law Review

In a civil action for treble damages under section 4 of the Clayton Act, the plaintiff sought to allege as prima facie evidence of a Sherman Act violation a criminal conviction entered on a plea of guilty by the defendant in an earlier prosecution by the government. The trial court sustained a motion by the defendant to strike from plaintiff's complaint any reference to the criminal prosecution. On appeal, held, reversed, one judge dissenting. A judgment entered on a plea of guilty is not a consent judgment within the meaning of the proviso to section 5(a) of the Clayton …

Cross-Examination, By John Alan Appleman, William H. Remy

Indiana Law Journal

No abstract provided.

Evidence—Admission Into Evidence Of Company’S Operating Rule Proper On Question Of Negligence, Gerald S. Lippes

Buffalo Law Review

Danbois v. New York Cent. R.R., 12 N.Y.2d 234, 189 N.E.2d 468, 238 N.Y.S.2d 921 (1963).

Admissibility Of Fingerprint Evidence And Constitutional Objections To Fingerprinting Raised In Criminal And Civil Cases, Andre A. Moenssens

Chicago-Kent Law Review

No abstract provided.

Involuntary Confessions And New York Procedure

Washington and Lee Law Review

No abstract provided.

Blood Test Results-Their Admissibility To Show A Decedent's Intoxication, Daniel E. Johnson

Indiana Law Journal

No abstract provided.

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.

Washington Law Review

By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.

Procedure And Evidence -- 1962 Tennessee Survey, Edmund M. Morgan

Vanderbilt Law Review

Construction of Pleading--Where the plaintiffs bill of complaint for specific performance of a contract for the purchase of a specified parcel of realty discloses on its face that the agreement was oral, the defendant may raise the defense of the statute of frauds by demurrer.'

Burden of Proof and Presumptions--The current decisions do little to clear up the confusion caused by the use of the term presumption, though it is usually not too difficult to determine the effect intended to be given it in a particular case.

Judicial Notice--The cases in which the Tennessee courts have applied the doctrine of …

Evidence--Infant's Pleading As A Judicial Admission, Ralph Charles Dusic Jr.

West Virginia Law Review

No abstract provided.

The New Michigan Pre-Trial Procedural Rules-Models For Other States?, Robert Meisenholder

Michigan Law Review

The new Michigan procedural laws are embodied in a revised set of statutes and court rules which became effective January 1, 1963, after a long period of study by a Joint Committee on Michigan Procedural Revision. They abolish an anachronistic distinction between procedures in law and equity, abrogate a scattered, disorganized set of rules and statutes, and create a unified, coherent procedural system.

Civil Procedure-Trial Practice-Introduction Of Inadmissible Evidence To Cure Improper Argument By Counsel, Arthur M. Sherwood

Michigan Law Review

In a suit to recover damages for wrongful death arising out of an automobile accident, plaintiff's counsel offered in evidence the official report of a police officer, which included the officer's opinion that defendant's parked car had contributed to the collision. Defendant's objection to this evidence was sustained on the grounds that the report was hearsay and that it set forth a conclusion which only the jury could draw. Defendant's counsel, during his summation, asserted that no police officer had said that defendant's car had in any way caused the accident. The court, sua sponte, admitted into evidence the officer's …

Evidence-Hearsay-Exclusion Of Self-Serving Declarations, John M. Price S.Ed.

Michigan Law Review

One of the most venerable of all legal principles is the evidentiary rule excluding hearsay. This rule, which was first espoused by the English courts in the sixteenth century, arose when it became apparent that there was an inherent danger of untrustworthiness in a witness's uncorroborated recital of a prior declaration made outside the courtroom. The courts gave several reasons for regarding hearsay as untrustworthy. First, these statements, offered into evidence for the truth of the matter asserted, were not made under oath. Secondly, objection to such testimony was raised because the trier of fact had no opportunity to pass …

Evidence-Confessions-Admissiblity Of A Subsequent Confession Under The Mcnabb-Mallory Doctrine, Ira J. Jaffe S.Ed.

Michigan Law Review

Defendant was indicted for first degree murder and convicted of manslaughter in the Federal District Court for the District of Columbia. Defendant had willingly directed the police to the victim's body and voluntarily signed a written confession during a period of thirty-four hours detention prior to arraignment. At the arraignment defendant was informed of his rights and indicated that he was aware of them; in addition, the preliminary hearing was postponed in order to provide him opportunity to obtain counsel. Twenty hours after his arraignment the defendant once again voluntarily confessed while giving a police officer instructions as to the …

Evidence-Hearsay-Admissbility Of Accident Reports Under The Federal Business Records Act, Thomas G. Dignan Jr.

Michigan Law Review

The United States, as assignee of a civilian seaman's claim, brought an action against the defendant for injuries received when the seaman slipped on a walkway which the defendant had contracted to maintain in good repair. At the trial plaintiff sought to introduce into evidence a report compiled by the seaman's superior, such report being required to accompany the seaman's claim for compensation from the Government. Admission of the report under the Federal Business Records Act was denied, and the Government's case was thereby materially weakened. Judgment was entered on a jury verdict for the defendant. On appeal, held, …

Evidence--Federal Shop-Book Rule--Admissibility Of Hospital Records, Eugene Triplett Hague Jr.

West Virginia Law Review

No abstract provided.

Disposition Of Physical Exhibits Used In Criminal Trials

Washington and Lee Law Review

No abstract provided.

How Can Wiretapping Be Utilized And Controlled?

Washington and Lee Law Review

No abstract provided.

Recent Case Comments, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Workmen's Compensation--Forum's Use of Foreign State's Tort Law for Recovery Against Third Party Does Not Require Forum's Use of Foreign State's Election Provision in Workmen's Compensation Suit

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Constitutional Law--Advertising-Statute Restricting Size,Number, and Location of Gasoline Price Signs Is Unconstitutional

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Evidence-Attorney--Client Privilege--Applicability When a Corporation Is the Client

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Evidence--Attorney-Client Privilege-Doctor's Report to Attorney on Condition of Client Is Within Privilege

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Federal Jurisdiction--In Federal Question Action Federal Court Is Competent To Exercise In Personam Jurisdiction Over Corporation if It Has Sufficient Contacts With United States

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Federal Rules of Civil Procedure--Counterclaim Not Compulsory in First Suit …

A Radical Restatement Of The Law Of Seller's Damages: Michigan Results Compared, Robert J. Harris

Michigan Law Review

Conventional doctrine does not address itself directly to the choice among valuation techniques, although the various parochial damage formulae give some clues. Underlying this series of articles is an assumption that the doctrine makes more sense when restated in valuation terms. These articles involve an effort to restate in such terms one sector of expectation damage law-the part that governs cases in which plaintiff is a "seller."

Admitting Lie-Detector Results By Stipulation

Washington and Lee Law Review

No abstract provided.

Evidence--Attorney-Corporation Client Privilege, Thomas Edward Mchugh

West Virginia Law Review

No abstract provided.

Evidence--Witnesses--Impeachment Of Court Witness By Prior Statements, Thomas Richard Ralston

West Virginia Law Review

No abstract provided.

The Admission Into Evidence Of Extra-Judicial Confession Of Guilt Made By Third Parties - Brady V. State, D. William Simpson

Maryland Law Review

No abstract provided.

Psychiatrist-Patient Privilege, Jonas R. Rappeport

Maryland Law Review

No abstract provided.

Is Necessity Alone Sufficient Basis For Hearsay Exception? - Moore V. Atlanta Transit System, Inc., Wilbur E. Simmons Jr.

Maryland Law Review

No abstract provided.

Testimony In Virginia On The Ultimate Fact In Issue, James W. Payne Jr.

University of Richmond Law Review

In a series of recent decisions the Court of Appeals has rejected opinion evidence for the reason, among others, that the opinion related to the ultimate fact in issue, or for the synonymous reason that it invaded the province of the jury. These decisions relate to opinion testimony offered by lay witness and expert alike, although an objection to expert testimony on the ground that it relates to the ultimate fact in issue is normally weaker in force than the same objection when it is advanced to rule out lay testimony. When the expert testifies, by hypothesis, the lay judge …

Recent Cases

University of Richmond Law Review

This article provides a list of the recent cases and their summaries for the year of 1963.

A Re-Evaluation Of The Attorney-Client Privilege (Part I), James A. Gardner

Villanova Law Review

No abstract provided.

Privilege - Extension Of Attorney-Client Privilege To Corporations, Thomas J. Bradley

Villanova Law Review

No abstract provided.